QUESTION
Can I marry someone with a green card to to fix my status?
Asked on Mar 01st, 2012 on Immigration - New York
More details to this question:
I have been out of status for 12 years. I came here with visiting visa. We have 2 children together who are born here. Oldest is 11 years old. Also, I am a licenced physical therapist assistant.
7 ANSWERS
Criminal Law Attorney serving Newport Beach, CA
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Right Choice Law
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Generally, that is possible but because you have overstayed your visa; and there may be other issues, I strongly recommend you consult with an immigration attorney because your case may require various issues that need to be waived/excused.
Answered on Mar 05th, 2012 at 2:54 PM
If you entered the US lawfully and can prove your lawful entry, you can adjust status to permanent residence on the basis of marriage to a US citizen. If your spouse to be is a permanent resident, he/she will not be able to confer any immediate immigration benefits upon you. However, once he/she becomes a US citizen then you will be able to get it fairly quickly.
Answered on Mar 05th, 2012 at 2:50 PM
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In order to cure your "failure to maintain your status", you have to have a US citizen spouse. Maybe the person you are going to marry will become US citizen soon?
Answered on Mar 05th, 2012 at 2:07 PM
Immigration Law Attorney serving Orlando, FL
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Stoller & Moreno, P.A.
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The answer to your question is that you could possibly resolve your status through marriage. Keep in mind that any request to obtain immigration status via marriage to a US citizen or lawful permanent resident will be scrutinized by the authorities to ensure that it is a marriage entered for the right reasons. A lot of the answer to your question depends on whether you entered the US lawfully (even if you have since remained her unlawfully). I would recommend that you contact an immigration attorney who can answer your questions, provide a basic overview of the filing procedure, what to expect during the same and the cost and expected processing times.
Answered on Mar 05th, 2012 at 1:42 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Your will have to wait until your spouse to become a US citizen before you can file for adjustment.
Answered on Mar 02nd, 2012 at 10:29 PM
Immigration Law Attorney serving Hialeah, FL
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Hernandez & Suarez, PL
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You can adjust your status through marriage in the US because you entered with a visa. Now, the marriage must be entered in good faith, it must be true! Fake marriages are not good and if found to be a fraud, you will be almost impossible to get papers in the future. I am not sure if you have two children with the person you intend to marry. If that is the case and you future husband and father of your children is a US Citizen, it is most likely that you will be granted your residency status. You need to get married and he must petition for you and file for residency.
Answered on Mar 02nd, 2012 at 10:16 PM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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In your situation they must be a citizen.
Answered on Mar 02nd, 2012 at 10:02 PM